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(영문) 대구지방법원 2017.01.18 2016고정1407

점유이탈물횡령

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 15, 2015, the Defendant 18:00, around 18:00, loaded a bicycle on the street of the Dogcheon-dong, Daegu Northern-dong, Seocheon-dong, and discovered one empty land wall where the victim B lost.

Therefore, the defendant did not return to the victim and embezzled the lost wall with the victim's lost wallet, such as putting the victim's lost wall in his own money and taking it out to the near public agencies.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. B written statements;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense and Article 360 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;